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Bill would ease age of parental consent on abortions

The Lowell Sun

Updated:
06/04/2013 07:17:02 PM EDT

By Matt Murphy

State House News Service

A proposal to ease restrictions guarding access to abortion stirred a spirited debate on Tuesday between lawmakers and advocates over who should be allowed to help young women make the decision to end a pregnancy.

The Legislature's Public Health Committee heard testimony on a Sen. Katherine Clark bill (S 999) that would give young women under 18 an alternative to going to court if they cannot get parental consent for an abortion.

In cases when teenagers feel they cannot consult with their parents, the bill would allow a teenager to seek consent from a doctor, nurse, or extended family member over age 25 to have an abortion before resorting to a judge.

Rep. Ellen Story, an Amherst Democrat, filed a similar bill (H 2092) that would reduce the age of parental consent to 16 and provide the same outlets for consent as Clark's bill.

"I have a daughter in her 20s. I've always had a great relationship with her. But this bill is for those kids who may not have those relationships to stay safe," said Rep. Thomas Sannicandro, an Ashland Democrat.

Opponents, however, criticized the bill as undermining parental rights and questioned why it would be preferable to have a teenager consult with another family member over a judge.

"This bill, based on statistics, would increase the number of abortions. I think the goals should be to reduce the number of abortions," Rep. Jim Lyons, an Andover Republican, said.

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Linda Thayer, vice president of Massachusetts Citizens for Life, voiced her concern that the Clark bill would "make public schools a partner to abortion providers" because school nurses would be authorized to give consent. "I don't think parents send their child to school to learn how to get a secret abortion," Thayer said.

Jamie Sabino, a private attorney specializing in legal assistance for battered women, survivors of sexual assault, and teens seeking judicial authorization for abortion said most minors do involve their parents in decision on pregnancy, but parental consent laws have been shown to have little or no impact on the number of abortions from state to state.

"Don't think of this statute as an alternative to parental consent. Think of it as an alternative to going to court," Sabino said.

Sabino and Gavi Wolfe, of the ACLU, said almost all minor requests for judicial consent to receive an abortion are granted, and Sabino said going to court can be traumatic for a teenager, jeopardize confidentiality and delay medical care.

Lyons said he did not agree there was a "compelling reason" to change the law. "To interfere with parental rights because we don't want to force a young woman to go to court, I don't see it on the scale. I just don't see it," he said.

Maria Russel, a mother of six, testified against the bill noting that teenagers under 18 must receive parental consent to get a driver's license, a tattoo or to play sports in school. "Why would the state allow children to deal with this risk without parental consent?" she asked.

Citing studies that have linked abortions to post-traumatic stress disorders, depression and substance abuse, Russel said he had two nieces that got pregnant as teenagers and kept their children, raised them with the support of their families and went on to college.

Public Health Committee Chairman Jeffrey Sanchez challenged Russel by asking her what teenagers without supportive parents should do. Told by Russel those teens are in the "minority," Sanchez said, "Well we can't ignore them."

Rep. Aaron Vega, a Holyoke Democrat, testified in favor of Clark's bill, calling the issue of abortion a "touchy subject."

"I agree with Rep. Lyons that we all want to reduce the number of abortions. That said we want to make sure when they do happen they happen in a safe manner," he said.

Megan Amundson, the executive director of NARAL Pro Choice Massachusetts, said when her young daughter becomes a teenager she hopes to have the type of relationship with her that she feels safe discussing anything, but knows that not all teenagers have that safety net.

"It would break my heart if my daughter had an unplanned pregnancy, felt she couldn't go to me, and went through this all alone," Amundson said.

Supporters of the bill also refuted the idea that requiring parental consent limits abortions, suggesting many teenagers afraid to tell their families or go to court instead seek access to abortions out-of-state.

"The way to prevent abortion is make sure these young men and women have the tools to prevent unplanned pregnancy in the first place," Amundson said.

Rep. Sheila Harrington (R-Groton) also testified in support of a bill (H 1930) filed by fellow Republican Rep. Viriato deMacedo, of Plymouth, requiring physicians to anesthetize the fetus prior to performing certain abortions.

Harrington said the bill would only apply to pregnancies between 20 and 30 weeks when medical professionals believe pain can be felt by the fetus and the procedure poses no health threat to the mother. Women would also have the right to refuse the procedure.

"I think there will be a great number of women who would like to have this procedure," Harrington said, noting the great lengths the state goes to through regulation to humanely treat animals when inflicting pain can be avoided.

Amundson said the bill would create a "barrier" to women accessing care, but did not elaborate in her oral testimony to the committee.

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